[Code of Federal Regulations]
[Title 29, Volume 2]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR452.46]

[Page 182]
 
                             TITLE 29--LABOR
 
  CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR
 
PART 452_GENERAL STATEMENT CONCERNING THE ELECTION PROVISIONS OF THE 
LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959--Table of Contents
 
        Subpart E_Candidacy for Office; Reasonable Qualifications
 
Sec. 452.46  Characteristics of candidate.

    A labor organization may establish certain restrictions on the right 
to be a candidate on the basis of personal characteristics which have a 
direct bearing on fitness for union office. A union may, for example, 
require a minimum age for candidacy. However, a union may not establish 
such rules if they would be inconsistent with any other Federal law. 
Thus, it ordinarily may not limit eligibility for office to persons of a 
particular race, color, religion, sex, or national origin since this 
would be inconsistent with the Civil Rights Act of 1964. \28\ Nor may it 
establish a general compulsory retirement age or comparable age 
restriction on candidacy since this would be inconsistent with the Age 
Discrimination in Employment Act of 1967, as amended. A union may not 
require candidates for office to be registered voters and to have voted 
in public elections during the year preceding their nominations. Nor may 
it require that candidates have voted in the previous union election to 
be eligible. Such restrictions may not be said to be relevant to the 
members' fitness for office.
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    \28\ Shultz v. Local 1291, International Longshoremen's Association, 
338 F. Supp. 1204 (E.D. Pa.), aff'd, 461 F.2d 1262 (C.A. 3 1972).

[53 FR 8751, Mar. 17, 1988, as amended at 53 FR 23233, June 21, 1988]